Study On The Litigation Procedures Of Ecological Environment Damage Compensation

Any judicial litigation activities can not avoid the operation of the proceedings.The procedure of compensation for ecological environment damage is an important embodiment of litigation purpose and litigation value.The core of exploring the procedure operation of ecological environment damage compensation litigation is to understand the rationality of the government's claim right of ecological environment damage compensation and clarify the purpose of the damage compensation litigation.Summarizing the current situation of the judicial practice of the reform of ecological environment compensation litigation,we can find that the number of ecological environment compensation litigation cases is relatively small in general,and the regional distribution is relatively concentrated in the pilot areas in the early stage.In the specific litigation,the court is vague in the application of the cause of action,the overall appeal rate of the case is low,the judgment rate is high,and the nature of the judgment documents is diverse features.Specifically,there are some problems in the operation of the procedure of compensation for ecological environmental damage,such as narrow scope of cases,high threshold,unclear status of judicial confirmation in consultation,inconsistent jurisdiction of cases,and poor judicial connection with environmental civil public interest litigation.In order to fundamentally maintain the ecological environment and protect the ecological interests,the concept of procedural justice is introduced into the design of litigation procedure.The design of litigation procedure is constructed and improved around three aspects: the reasonable allocation of administrative power and judicial power,the unification of procedural justice and litigation efficiency,and the optimization of cost and benefit.In terms of specific procedure design,we should further expand the scope of government litigation,take "judicial confirmation" as the necessary procedure of consultation agreement,unify the litigation jurisdiction of the case,clarify the burden of proof when the government files the lawsuit,coordinate the judicial connection with environmental civil public interest litigation,strengthen the supervision of post litigation judgment execution,truly implement the restoration of ecological environment,promote the establishment of a systematic and standardized relief system for damage to the ecological environment.